Single judge allowed bail to the applicant in a criminal case involving charges under IPC and POCSO Act. The court imposed standard bail conditions and directed the trial court to expedite the proceedings.
Released on bail by furnishing personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9222 of 2022
Applicant :- Subhash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Opposite Party :- G.A.,Suneel Kumar Mishra
Hon'ble Vivek Kumar Singh,J.
Heard Sri Neeraj Kumar Srivastava, learned counsel for the applicant, Sri Suneel Kumar Mishra, learned counsel appearing on behalf of the first informant, Sri Abhinav Prasad, learned brief holder appearing on behalf of the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is further submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. It is next submitted that there is no credential evidence against the applicant which may show direct involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. It is next submitted that there is various contradictions in the version of first informant, F.I.R. as well as statement recorded under section 161 and 164 Cr.P.C. It is next submitted that as alleged victim went with the applicant to different places where she must have come across many people at different points of time, she was free to make alarm for her rescue, it is very strange to note that victim kept mum and travelled along with the applicant without any protest, which clarifies that victim was a consenting party. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 22.01.2022, has no previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Subhash, be released on bail in Case Crime No. 04 of 2022, under Sections- 363, 366, 376 IPC, and Section 3/4 of POCSO Act, 2012 and Section 3(2)v of SC/ST Act, Police Station- Madihan, DistrictMirzapur, on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava v. Union of India and others reported in AIR 2018 SC 2440, if there is no legal impediment.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.7.2022
ssm
Digitally signed by SYED SALMAN MANSOOR Date: 2022.07.28 16:14:11 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to grant bail to the applicant charged under sections 363, 366, 376 IPC and POCSO Act.
Whether there is a possibility of the applicant fleeing or tampering with witnesses.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
Alakh Alok Srivastava v. Union of India and othersReferred¶13
AIR 2018 SC 2440 · Who else cites this
5 provisions across 3 enactments
Subhash
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
